You’re Fired: Your Rights to Notices When Dismissed in California

California law requires that employees who are terminated receive various notices, all of which are designed to inform them of their legal rights. These requirements stem from the California Labor Code, the California Unemployment Insurance Code, and other California laws and regulations.

Any time an employee is discharged, laid off, or placed on a leave of absence, the employer must provide a pamphlet that describes the rights of California’s unemployed workforce. The following programs are covered in the pamphlet: unemployment insurance, disability insurance, paid family leave, and workforce services. Generally speaking, the employer must provide this pamphlet on or before the effective date of termination.

Employers with 20 or more employees who provide health insurance must provide a notice to terminated employees regarding that insurance. This notice requirement kicks in when an employee’s job is terminated, whether by choice or not. In other words, this requirement applies equally to employees who were fired, as well as employees who retire or resign. The notice is designed to tell employees about the circumstances under which the state might pay for their health insurance coverage to continue.

Many people have heard of the federal Consolidated Omnibus Budget Reconciliation Act, usually known as COBRA. This federal law requires employers with 20 or more employees to provide notice to terminated employees of the right to continue health care coverage. California has a separate COBRA law, known as Cal-COBRA, which requires longer-term and better coverage. For example, Cal-COBRA applies to employers with only two employees. COBRA notices must include information about continuation of coverage, as well as portability of coverage.

Section 1089-1 of California’s Unemployment Insurance Code also mandates notice when employees are terminated, fired, laid off, or placed on a leave of absence. These notices must contain, at a minimum, the employee’s name and Social Security number, the employer’s name, the date of the employee’s change in status, and the type of action. For example, the type of action might be a discharge, layoff, leave of absence, or a change to an independent contractor.

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